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  • ilikekilo
    04-15 03:14 PM
    Thanks man for your replies. I'm gathering as much as I can. All the tickets, birth certs.
    Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.

    I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
    Just hoping (and praying) that this can be solved smoothly.

    GC is really proving to be a daaawg....

    GCisaDawg.


    tell me about it, let me know if you need anything...good luck 2 u..keep us posted..





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  • gunsnkars
    11-02 11:45 AM
    Agreed getting a GC is a painful process not to mention the bureaucracies that go with it.Agreed serious lobbying is necessary to bring about a change in the legislative system coz waiting for years to get ones GC is plain ridiculous.But the idea of REVERSE BRAIN DRAIN is just a myth.I am pretty sure that atleast 80% of the people are just average Joes whose intellect is just better than those blonde babes of the "Girl next door" reality series.We should be glad that we were raised in a foreign country lest would have replaced those poor old folks saying "welcome to wal-mart".So lets stop talking about reverse brain drain and atleast not try to replace those intelligent ones back home. We being here is best for our country and our economy.





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  • chandlerguy98
    06-14 01:43 PM
    I think there is another issue here. lets say you file for your 485 and you get married later in teh year..by that if PD retregresses again, your spouse wont be able to file for 485, since she gets your PD. so you might get approved sometime next year and you will loose your h1b status, then it gets to be a problem for the spouse since she is still waiting for PD to retrogress..so please talk to a lawyer and get all the facts...





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  • indiadivided
    02-14 10:22 AM
    Before giving an analogy, think twice.


    If black hats were around during the Indian independence movement, here's how it would have been:

    In 1930's
    Black hat: "What the hell, Gandhi! What good did salt satyagraha do? Where are the results? What did you achieve in the last 15 years? Change the leadership."

    In 1940's:
    Black hat: "Yeah. I continue to do nothing. But you suck."

    In 1942:
    Black hat: "Quit India movement! What a stupid waste of time. Gandhi, you should do a cultural show and raise some money."

    Ok. Ideas seem to be always welcome at IV. But crassly worded trashing of volunteer leaders rankles a lot of us.

    I won't be reading that silly sounding de bono hat book you suggest. But I might go to a cultural show by that other Bono and help him raise some money.



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  • Maniaci
    06-08 03:18 PM
    I say end it asap. Unless someone has an amazing design in the works that will take a while, there is no use to keep goin imo heh.





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  • scorpion00
    08-13 05:56 PM
    What a stupid post.
    Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
    I am sure there are many more like me who were qualified for EB2 but applied in EB3.
    If this is the best you can come up, I really hope that this was your first and last post.



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  • wellwishergc
    12-16 06:20 AM
    That was a very interesting roller-coaster ride. By the way, if you ever decide to make movies, count on me to watch them:). Your story-telling talent is fabulous.

    Your experience does give hope to lot of us. Thanks for posting. Enjoy your freedom and the holiday season!!!

    When GCSOON-Ihope becomes GC-IgotIt!

    Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
    What did I feel then? Really indescribable�Happy? It goes way beyond that.
    I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
    May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
    As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
    So, please, enjoy the holidays: as long as there is life, there is hope.
    I know something about it:

    Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
    Find dream job in dream company. Hired directly by CEO himself.
    Company loves me and applies right away for H1 and then Labor Cert.
    Life is beautiful. The start of the American Dream. Not for long.
    Attorney has been working for company for years. Always successfully.
    Picks me for his first failure: screws up completely.
    H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
    OPT runs out: company still loves me but�I am now out of status and�fired too.
    Welcome to America. Life has turned dark. The start of my American Nightmare.

    I am disgusted. Decide to go back to my home country (France).
    I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
    H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
    Not for long. Exactly 2 hours (no kidding).
    Find out that company is a sweat-shop and boss is a crook.
    Pays me half (yes, half) what he was supposed to.
    Go to INS to complain: �If you are not happy, go back to your home country�.
    I swear that it is exactly what I am told.
    Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.

    I am broke. Can�t even go back �home� and anyway I don�t want to.
    Not with just my tail between my legs for the second time.
    Home is here. I want my American Dream and I will get it, no matter what.
    Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
    Employer wants to fire me: �you are always complaining about the money�.
    I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
    Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
    For sure, I will be out of there within a couple months at the most.
    Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
    Had I known, I would have fled the first day, no matter what.
    In my specialty, jobs are not easy to find.
    Not to mention that this time, I have to be very �choosy��
    Companies that I approach:
    a) don�t want to hear about immigration or
    b) don�t want to pay attorney fees or
    c) don�t want to pay at least prevailing wage or
    d) all of the above
    All doors seem to be closed.
    I have never felt that bad in my life: go see the doctor.
    �You have all the symptoms of someone who is having�a nervous depression.
    Do you want me to refer you to a good psy who could help you?�
    No, thanks. I know why I am sick.

    Finally find new company that loves me: apply for new H1 and they pay all fees.
    H1 approved.
    This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
    Job is nice, company is nice. Recovering from depression.
    Boss loves me: decides to start for me RIR Labor in�.May 2001.
    Yes, one month after that damn month of April 2001. You know what I mean.
    Six months of advertising.
    PD is January 2002.
    Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
    Get EAD. FP in September 2004.

    Things change: company is now going down. Boss still loves me but�lays me off.
    (Re)(Re) Start of my American Nightmare?
    Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
    This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
    Later, previous company nicely recovers: got rehired!
    Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
    Do Medical in April 2005.
    I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
    October is around the corner and new numbers will be available, right?
    Just a few more months and I will have my GC. Wrong.

    October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
    I swear that I almost s..t in my pants. When is too much�just too much?
    How much more frustration and anguish can I endure? More, much more.
    By rage and stress, I pack up an extra 20 lbs in just a few months.
    Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
    Second EAD. FP again in October 2005. Life is paced by visa bulletins�
    September 2006 bulletin comes out: EB3 World has now passed my PD.
    I am holding my breath again. Rightly so, for the umpteenth time.
    Third EAD.

    Wait 2 weeks and start inquiring about the status of my application.
    Call so-called �Customer service�: as usual they know jack s..t.
    �Your application is still pending�. Thanks, I already knew that.
    Make Infopass appointment at Los Angeles downtown office.
    �Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
    Contact them at: CSC-XII@dhs.gov�

    E-mail #1 on 09/18: (�) Status of my case? (�)
    Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
    Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.

    E-mail #2 on 09/27: (�) When was that initiated? (�)
    Response on 10/02: (�) On or about 08/19/2004. (�)

    This time, I surprise myself: I am one more time devastated but remain strangely calm.
    Even laugh about it. Nervously. Too much is just too much.
    I had heard about that Name Check aberration before but had ignored it.
    Like most people involved in that GC mess, I refused to worry in advance.
    One bridge to cross at the time, please.
    Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
    I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
    WOM is filed on November 1st.
    (I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
    only later just in case we would have needed more ammunitions).

    After that, things go fast:
    11/ 29: without any warning (!), LUD: �Your card has been ordered�.
    12/01: confirmation from the Assistant US Attorney that my case has been approved.
    12/04 LUD: �Your case has been approved�.
    (So, they notify you that the card has been ordered�before notifying that the case has been approved�).
    12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
    12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).

    What a timing! Could I dream of a better Christmas Gift?
    Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
    :) ;) :) ;) :) ;) :) ;) :)





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  • vasa
    04-10 10:30 PM
    continuing the discussion further why not sell Tshirts/caps and other goodies.
    It may have an upfront cost attached but can be good source too... and i am sure if there are 3000 members atleast 2000 and above would like to buy it ...
    thoughts???



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  • AuntyDan
    02-12 08:13 PM
    I am in eb3 row, have a job waiting for me in the usa, but i am in england, Have a PD of june 06, am terrified that my job offer will be withdrawn if i dont make some progress soon. Have had job offer for 1 year this week.

    Could EB3 row become current soon.??

    You don't indicate what stage your application is in (LC/PERM, 140 etc.) Is there a reason your prospective employer has not applied for an H1-B so you can start work before you get a greencard? (This is what 99% of EB applicants have done.)

    Assuming they can't or won't, to answer your specific question here is my opinion (FWIW I'm English, EB-3 ROW with a PD of May 2003, on my 8th year of H-1B employment in the USA.):

    My guess is the odds are about 50/50 that some form of immigration reform will be passed by the US government "soon" that would positively affect EB3 ROW. The practical definition of "soon" in this case is by September 2007, which allows time for debate, compromise, Presidential wanking around and who knows what Kafka-esque delays in actually enacting the law.

    IF this happened there is still no guarantee this change would be positive enough to entirely clear the backlog that so a PD of June 2006 might still not to become current by September 2007.

    IF this doesn't happen there is practically 0 chance of any changes that would positively effect EB retrogression prior to March 2009. (After the new government is elected in November 2008 AND then convenes a new session AND then deals with more urgent business than immigration reform.)

    So some (hopefully) practical advice:

    1) If you can get an H-1B now then do so

    2) If you can't get an H-1B start studying for a Masters NOW. This will help you in the long run even if you get your Greencard through EB-3 because higher degrees from the UK are very valued in the USA. And if there is no improvement in EB-3 you at least have a chance at EB-2.

    3) If you have no family ties and just want to go someone in North America you would almost certainly be eligible for permanent Canadian residency. You can just go to their website and fill out a simple, points-based questionnaire online. Then you can always visit the Disneyland from Canada!

    HTH, GL.





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  • unitednations
    03-31 11:56 AM
    Can you upload the denial notice - off course you can erase the confidential information. It will be useful to us.


    I'll have to do it by tomorrow. there is nothing special in the denial notice.



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  • p1234
    10-04 06:22 PM
    It may not be popular here, but IMHO PD porting within the same filing category can be allowed, but not retaining the same PD if you are "upgrading" to another category.
    I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
    How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
    If you think logically, that is the case we have here with category interfiling.

    I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D

    Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.

    I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.

    About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.

    angelfire, before you go and make such a determination, please do understand the root cause of the issue.

    EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
    Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.

    Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.

    Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.

    How many are actually converting?
    humongous EB3 number stuck in 2002-2003.
    handful people actually converting due to risks involved.





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  • felix31
    04-07 11:27 AM
    Beatifully said Logiclife,

    Also as a teacher in training I can only say that every single person counts and every single person can and does make a difference...
    We can make a world better place, one person at the time.

    And we do act in the interest of this great country. Let's contemplate this for a moment..

    We are highly educated, skilled law abiding immigrants. Since we do possess diverse skills, we will be always welcome in Canada, Australia or New Zeland, and other similar pro-immigrant oriented countries. But we choose to stay here and make this country our home and make this country even greater for our children.

    The process is not easy, and we have a unique opportunity to get something accomplished that will not only affect us but everyone who comes after us.

    I have just scheduled a transfer of 150$ (confirmation # 55TVH-LHHNH )towards our new goald and I urge all memebers who did not contribute to please do so and others that have done that in the past to come back and show their support..

    United we will win
    Thank you



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  • raydon
    06-09 05:56 PM
    Just finished calling the offices of all the representatives listed for Phase 3. Took me about 15 min to complete it. Left a voice mail for congressman Calvert's office. They staff persons were all very polite and did note down the information and mentioned that they'll pass on the information.

    Urging more members to call and keep the momentum going. I will try and ask some of my friends affected by GC to participate in this activity as well.





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  • lazycis
    10-19 09:13 AM
    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.t%20xt.pdf



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  • chanduv23
    06-02 10:52 AM
    I am wondering if this is still happening. We don't see any new posts stating 485 has been denied.

    If anyone is facing this situation, please send me a private message.





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  • somegchuh
    07-21 12:02 PM
    I think canadian IT jobs will accept US IT experience. However, getting a job there is harder because the industry is small but then again you don't have to be in IT. You are free to start a business there. I know ppl who have come from India to canada and have started insurance business etc. Like moving to any other place, its going to be a fresh-start if you choose to go to canada/Aus/India/etc.

    One of my friends who is in Canada for a few years now tells me that the Canadian companies do recognize US experience. Another friend recently finished his MBA from the US ( after he went through the whole MS, job at a top company, GC process where labor got rejected after 4 years nonsense). He moved to Canada with a job offer, so it is much easier for him. Just don't go there and think you will find something. Make sure you have a job offer and only then go there.



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  • Madhuri
    07-11 10:38 AM
    I second that. Who knows to accomodate these cases judge might ask congressional approval for recapturing the lost visa numbers.
    I think it's better to file now, if your PD is recent.

    Now that USCIS / DOS know that they have made mistake and also aware that this is exposed to the entire country. So this is what they are doing.

    1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.
    2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.
    3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.
    4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.


    I feel, this is what is going to happen. So better prepare your papers and keep it ready.





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  • dpp
    11-07 02:14 PM
    There is nothing to enforce. If there is any, they would have enforced long back. It is too broad. But increasing fees won't make any sense. They have to correct the law, not imposing higher fees to everyone.


    1.Audit the companies that are suspected to abuse the H1B program i.e. enforce the laws that are already in existence.

    2.Impose heavy fines on these companies.

    3.Use this money to cover the costs of auditing and enforcing the laws.

    How will raising the H1B fees for everyone in a blanket fashion address the current "abuses"?





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  • snathan
    04-25 11:51 PM
    Understood. Now you want all H1 L1 B1 everything to be stopped. So lets vote only for EAD/AP/GC till you get your GC. After that US should stop GC also, right? (but ofcourse, naturalization still should remain open for a few more years).

    If one person can work for your job at $8/hr, and you are charging $100/hr, market would adjust itself to $8/hr (for a moment forget about who does this $8/hr, it can be a high-school kid, or anybody).The only reason why somebody blames that $8/hr kid for loosing his job is because he "thinks" he is "superior" to that kid. There are many situations where companies decide to retain "fresh college grads" and layoff "senior experienced" persons, to save money.

    Don't take me wrong, but I also think the L1 is mis-used a bit. But I personally think the mis-usage comes from other factors (like H1 unavailability, employer prefer L1 because employee cannot change to another employer in L1, other H1 restrictions) etc..

    Not a bit. If you want I can give you a plenty... L1 is for intercompany transfer. But So far I have seen companies put people only at the client place and their salary is starting at 32K and they are put up at extended staty, asked to share the cab or car. So let me know if you want and I can directly let you talk to those guys.

    Though I am not supporting this bill, we have to accept the face there is no numerical limit on L1 and no knows how many L1 are getting approvd every year. L1 guys can not change their employer, they dont have any idea about their benifts. I know a company which have a policy that the employee can not have US insurance untill he is here for six months. They bought the cheap indian insurance and no doctor is accepting here. So the employee needs to pay from his pocket and need to collect it later. Because of this guys are not even going to the hospital.

    Yes, you can work for $8 but there is something called law. I have personelly checked their labor which states 55K. But they are paid only 32K.

    So our common goal is to fix the broken system, remove the employer's undue advantage over the employee. No matter if they are MNC or desi consulting companies. Why the employee is tied to the employer when there is the need/demand for the skill set. Thats the only thing which is driving down the wages.





    bibin_kirkland
    12-28 04:09 AM
    Hi, Me and my wife had our H1B extension interview at Chennai on dec 18th morning. My wife got her passport after 2 days however mine is getting delayed I am getting really anxious since my return flight is on Jan 5th.

    Regards,
    Bibin





    vagopinaath
    01-31 04:52 PM
    Voted now.



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